Life can change in an instant. A sudden illness, accident, or cognitive decline might leave you unable to manage your finances or make crucial decisions. In Louisiana, having a power of attorney (POA) is one of the most important ways to prepare for these uncertainties. Without it, you give up control over who will manage your affairs, and the state steps in to decide for you.
Why a Power of Attorney Matters
A POA lets you name someone you trust, called your “agent” or “mandatary” in Louisiana, to act on your behalf. You can make it broad, covering nearly all legal and financial matters, or limit it to specific tasks. You also decide when it takes effect: immediately, or only if you become incapacitated.
Without this document, no one has automatic authority to step in, even if they are your spouse or adult child. Banks, title companies, and government agencies will not simply hand over access because a loved one says you need help.
What Happens Without One?
If you become unable to make decisions and you do not have a POA in place, your family may need to go through an interdiction proceeding. This is Louisiana’s version of guardianship or conservatorship.
In an interdiction, a court must declare you incapable of handling your own affairs. A judge then appoints someone, called a curator, to manage your personal or financial matters. While that may sound straightforward, the process can be time-consuming, expensive, and emotionally draining for everyone involved.
Your family will have to:
- Hire an attorney
- Gather medical evidence proving your incapacity
- Attend court hearings
- Wait for the judge’s decision
During this time, bills may go unpaid, property may sit unmanaged, and important deadlines can be missed.
The Drawbacks of Court Intervention
Relying on an interdiction instead of a POA comes with downsides:
- Cost: Attorney fees and court costs can add up quickly.
- Delay: It can take weeks or months to get a curator appointed.
- Loss of control: You will not have a say in who manages your affairs. The court might choose someone you would not have picked.
- Public record: Interdiction filings become part of the court’s public records, which reduces your privacy.
In short, failing to create a POA often leaves your loved ones scrambling and removes your ability to decide who will step in for you.
Health Care Decisions Are at Stake, Too
Louisiana recognizes a separate document for health care decision-making called a Health Care Power of Attorney or Health Care Mandate. Without it, medical providers will turn to a statutory list of decision-makers, starting with a spouse, then adult children, parents, and so on.
That sounds fine in theory, but it can create conflict. If you have multiple children who disagree about your treatment, decisions may stall. By naming a single trusted person ahead of time, you remove that uncertainty.
A Simple Step for Peace of Mind
Creating a POA in Louisiana is not complicated, but it must follow state law to be valid. For example, a general power of attorney must be in writing, signed, and properly witnessed or notarized. The language also needs to be clear about what powers are being granted, especially for more sensitive authority such as gifting assets or selling property.
An attorney can help you:
- Draft a POA that meets all legal requirements
- Tailor it to your needs and preferences
- Avoid vague or overly broad language that could cause problems later
Protect Your Future, Protect Your Family
Not having a POA in Louisiana can mean court battles, stress, and unnecessary costs. By creating one now, you stay in control of who manages your affairs, reduce the burden on loved ones, and make sure your wishes are carried out.
At Losavio & DeJean, LLC, we help clients put the right legal documents in place before they are needed. Our goal is to give you peace of mind while protecting your assets and your dignity. Contact us today to discuss how a Louisiana power of attorney can safeguard your future.